CTR Manufacturing, the Plaintiff has sued Sergi Transformers before the District Court of Thane in January, 2010 at which time the District Court granted the Plaintiff an ex-parte injunction restraining the defendants – Sergi – from infringing the patent of the Defendant. Subsequently the trial court and the High Court, on appeal, refused to vacate the ex-parte injunction.
After this there were some more rounds of appeals on various points, a couple of which went up till the Supreme Court. The three principal issues dealt with by the present judgment are as follows:
1. Whether the Counter-Claim for revocation could be allowed even after the statutory period of limitation?
2. The matter then takes a particularly amusing turn with the plaintiffs, CTR Manufacturing alleging that the counter-claim for revocation filed by the Defendants was not even on record because it was not signed by the Defendants. The question therefore being whether the counter-claim was even on record?
3. Another point of contention pertained to whether or not the District Court had the jurisdiction to hear the counter-claim for revocation of the patent. Despite S. 104 being rather candid on the fact that once a counter-claim was filed the matter was required to be transferred to the High Court, the trial court judge had held that he did have the jurisdiction to the matter. This is possibly because the trial court judge was also of the opinion that the counter-claim was not officially on the record of the court because of the lack of signature and also because the Court was of the opinion that the counter-claim was filed after the period of limitation.
Thankfully the Bombay High Court has put an end to this entire mess by pointing out that procedure is merely the handmaiden of justice and that the entire picture has to be looked into. By taking cognizance of the counter-claim and invoking the proviso of Section 104 to transfer the entire suit to itself, the Bombay High Court will now frame issues and conduct the trial in both the infringement suit and the counter-claim for revocation.